Allowed

V.K.Gireesh v. Santhosh Kumar and Another

Kerala HC10 Jul 2009CRP/289/2009

Case brief

AI extract

What is this about?

Courtmade an interim order on a revision petition challenging the transfer of a suit from Pala Munsiff Court to Ettumannor. The Court quashed the transfer ordering the suit to be moved back to Pala, noting the presiding officer's transfer and parties' convenience. Further directions were issued for expeditious disposal of an unrelated interlocutory application.

What did the court decide?

The order transferring the suit to Ettumannor was set aside and the suit was ordered to be transferred back to Munsiff Court, Pala. Directions were issued for expeditious disposal of an interlocutory

V.K.Gireesh Vs Santhosh Kumar and Another — Civil Procedure and Limitation | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN

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FRIDAY, THE 10TH JULY 2009 / 19TH ASHADHA 1931

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CRP.No. 289 of 2009()

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------------------------------OS.9/2009 of MUNSIFF COURT, PALA

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REVN. PETITIONER/PLAINTIFF

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--------------------------------------------

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V.K. GIREESH, VAZHAYIL VEETTIL, POOVARANI KARA, MEENACHIL VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT.

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BY ADV. MR.B.KRISHNA MANI

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MR.JOSEPH T.JOHON.

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RESPONDENTS/DEFENDANTS:

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---------------------------------------------

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1. SANTHOSH KUMAR, ADMINISTRATOR, S.N.D.P. MEENACHIL TALUK UNION, PALA, KOTTAYAM.

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2. ARUVIPURAM SREE NARAYANA DARMA PARIPALANA YOGAM, (S.N.D.P.YOGAM), REPRESENTED BY ITS GENERAL SECRETARY, SRI.NATESAN VELLAPPALLY, S.N.D.P.YOGAM OFFICE AT KOLLAM.

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R1 & R2 BY ADV. MR.A.N.RAJAN BABU, SC, S.N.TRUST.

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THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 10/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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rs.

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S.S.SATHEESACHANDRAN, J.

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C.R.P.NO.289 OF 2009 (B)

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Dated this the 10^th day of July, 2009

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O R D E R

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The revision has been filed against the order to transfer O.S.No.9/2009 pending on the file of the Munsiff's Court, Pala to the Munsiff Court, Ettumannor by the District Judge, Kottayam. Petitioner is the plaintiff and respondents/the defendants. The above suit after transfer is renumbered as O.S.No.72/2009 on the file of the transferee court. A report from the learned District Judge was called for as to the circumstances under which the transfer of the suit was ordered. It is revealed from the report received that the counsel appearing for one of the parties was senior to the presiding officer, and in that context on request from the officer, the transfer was ordered. Now that presiding officer has been transferred to another court, and as such there is no hurdle for continuance of the suit at Pala Munsiff Court, which is desired by both parties and also convenient to them. In the

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CRP.289/09 2

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circumstances, O.S.No.72/2009 on the file of the Munsiff Court, Ettumanoor is ordered to be transferred to Munsiff Court, Pala. The learned counsel for the respondents urged for issuing further direction to the court for an expeditious disposal of the interlocutory application, I.A.No.50/2009 in which an ex parte order had been passed against the respondents. The learned Munsiff, Pala, on receipt of the records is directed to hear and dispose that I.A. as expeditiously as possible. Subject to the above observations, this revision is allowed.

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S.S.SATHEESACHANDRAN JUDGE

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prp

V.K.Gireesh v. Santhosh Kumar and Another

Case brief

What is this about?

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V.K.Gireesh v. Santhosh Kumar and Another

Case brief

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